United States v. Danielle Kownacki

674 F. App'x 761

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 24, 2017
• Docket: 15-50503
• Status: Unpublished

Opinion

MEMORANDUM **

Danielle Trinitti Kownacki appeals from the district court’s judgment and challenges the 63-month sentence imposed following her guilty-plea conviction for importation of heroin and methamphetamine, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Kownacki argues that the district court erred in denying a minor role reduction to her base offense level under U.S.S.G. § 3B1.2. The district court did not clearly err in finding, based on Kownacki’s level of involvement in the drug trafficking scheme and the remuneration she received, that she was not “substantially less culpable” than the average participant in the offense. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014). Contrary to Kownacki’s contention, a different result is not required under the factors enumerated in Amendment 794 to the minor role Guideline, see U.S.S.G. § 3B1.2 cmt. n.3(C) (2015), which was in effect at the time of Kownacki’s sentencing and discussed at the sentencing hearing.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.